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0 <br />(9) LOCATION: <br />0 <br />(10) SOURCE: Animas River <br />DEPTH: 35 feet <br />(11) TYPE OF 08t: Industrial fora gravel pit mining operation due to interception of and water <br />nYniant to CRS '07-90-137(ii) and for kdggn. The additional uses for the pond (uit) are <br />recreation piscatorial livestock watering and fiiv prevention. In addition, wildlife watering <br />a uaqtic life are also applied for as incidental to the other beneficial uses. <br />(12) TOTAL AMOUNT OF WATER. Additional uses only.- No additional amounts are meted. <br />(Diversions limited as decreed in C aNo. 04CW59, and shall not exceed. 3.50 gpm and shall not <br />exceed an annual amount of 123 a= feet during gravel mining operatiofts and 101.5 acre feet <br />after gravel mining operations are- cbmpleted). <br />(13) It is the further Finding of this Court that there has been reasonable diligence work done with <br />respect to the aforesaid well. That is, the Applicant has spent considerable efforts and monies. in <br />obtaining a Zoning Map Change and a Special Use Permit for land uses in the Animas Valley in. <br />the area cif the gravel pit. In addition, the Applieattfi has complied with the. well paufft by . <br />exposing:.gmund water at 14 feet from the ground stsz£iwon Mph 4, 2005. li- aMit vn, the <br />Applicant commenced work on the gavel pit on apMximatcly Deecsnber 1, 200.5: <br />(14) The recommendation of the Division Engineer dated January 31, 2007 recommending entry ofa <br />Decree with conditions is hereby adopted. <br />CONCLUSIONS OF LAW <br />1. The Court has jurisdiction over these proceedings and.over-all persona and water rights <br />:thereby whether they have appemred or not. <br />THEREFORE, lT; IS ADJUDGED AND DECREED: <br />2. The provisions ofparagraPbs 1 through. 14 are incorporated he rehL <br />3. The statements in the application are true and the Applicant is granted a conditional water <br />right subject to the following. teri s_ and- <br />conditions-2 <br />